‘The Fugitive’ Will Get Another Day in Court

In a real-life sequel to the case that inspired the television series “The Fugitive,” the son of Dr. Sam Sheppard will seek to clear his father’s name at a trial that begins on Monday, 45 years after the Ohio doctor was convicted of murder.

Sheppard’s son, Sam Reese Sheppard, contends his father was wrongfully imprisoned for his mother’s death on July 4, 1954. The doctor was jailed for 10 years before being acquitted at a retrial.

The wealthy osteopath contended that his wife, Marilyn Sheppard, was killed by a bushy-haired intruder while he was asleep downstairs. He said the intruder knocked him out when he went to her aid.

The trial by jury on the wrongful imprisonment claim had been due to start last year. But Cuyahoga County Prosecutor William Mason sought and received approval to exhume the body of Marilyn Sheppard and the 4-month-old fetus she was carrying in the belief that new tests would confirm Sheppard’s guilt.

Mason’s office said preliminary motions will be made in the case on Monday and jury selection will begin Feb. 7. Opening statements are due to start Feb. 9.

The younger Sheppard, a dental hygienist who lives in California, is suing Ohio to have his father declared innocent, a stronger legal statement than the “not guilty” verdict at his second criminal trial. Sheppard could collect an estimated $2 million if he wins.

The elder Sheppard served 10 years for the crime before the U.S. Supreme Court overturned his conviction, saying the frenzy of pretrial publicity prevented him from receiving a fair trial.

Sheppard, represented by celebrity lawyer F. Lee Bailey, was acquitted at a retrial in 1966. But his life was shattered and he died four years later of liver failure.